SUBJECT: 136 AVENIDA MIRAFLORES; FILE # 702118

The applicant is requesting Design Review approval for construction of a two-story single-family dwelling located at 136 Avenida Miraflores. A two-story residence is currently located on the site.

A previous Site Plan and Architectural Review application (File #799116) was approved by the Design Review Board on September 16, 1999 to expand the existing house on the property at that time. These plans indicated that less than 50% of the floor area of the existing house would be demolished as part of this construction project.

Pursuant to this approval, the applicant obtained building permits to construct additions to the existing house. Once these permits were obtained, the applicant demolished the entire second story portion of the existing structure, resulting in the removal of more than 50% of the original floor area of the building. Once Staff became aware of this demolition, the applicant was informed that Section 4.02.10 of the Tiburon Zoning Ordinance states that such additional demolition causes the building permits and previous Design Review approval to become null and void, and that a new application was required for the construction of a new single-family dwelling, as opposed to the construction of additions to an existing residence.

The proposal would create an upper floor containing a living room, dining room, kitchen, family room, exercise room, a master bedroom suite, and one additional bedroom and bathroom. The lower floor would include one bedroom and one bathroom. A two-car garage would be situated at the lower level of the house.

The subject property is situated on the south side of Avenida Miraflores. The lot is part of a series of terraced sites, with neighboring homes along this street above and below the level of this property.

During the Design Review Board’s review of the previous application for this property, concerns were raised regarding potential view impacts caused by the proposed increase in roof height on the uphill neighboring residence at 138 Avenida Miraflores. It was apparent that the proposed roof would eliminate much of the water views of Richardson Bay from the living room, family room and rear yard deck of this adjacent home.

In response to these concerns, the applicant modified the originally proposed plans by creating a flatter roofline design that reduced the proposed roof height by over 5 feet from the highest portion of the originally proposed roof, and 2 feet from the lower portion originally proposed. A series of parapets were also added around the edges of the building, which resulted in the appearance of normal eave area for the house without any additional significant view blockage. The Design Review Board determined that these modifications addressed the concerns of neighboring property owners and approved the revised design.

The current application for a new dwelling utilizes the same design as that previously approved by the Design Review Board as additions to the original house. Although this design should not result in significant view or visual impacts on surrounding homes, the Board is encouraged to visit the site and nearby homes to determine if this house design would still be appropriately consistent with other homes in the vicinity.

1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued.

2. The development of this project shall conform with the application dated by the Town of Tiburon on July 15, 2002, or as amended by these conditions of approval. Any modifications to the plans of July 15, 2002, must be reviewed and approved by the Design Review Board.

3.    Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal.

4.    The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project.

5.    All skylights shall be bronzed or tinted and no lights shall be placed in the wells.

6.    All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.

7.    Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M.W.D. landscape regulations, as required by Town Council Ordinance.

8.    Prior to the issuance of final building inspection approval, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Department field inspection prior to the issuance of occupancy permits.

9.    Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified.

10.    The project shall comply with the following requirements of the Tiburon Fire Protection District:

The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-D (UFC 1003).

Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 1210).

Approved spark arresters shall be installed on chimneys (UFC 1101).

A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103).

11.    The following requirements of the Marin Municipal Water District shall be met: